BY COURT:
RULING ON APPLICATION FOR SUMMARY JUDGEMENT
I have read the motion filed by the Plaintiff/Applicant on the 28/5/2024. I have equally read the affidavit of Latif Momem. I have also heard both Counsel for the Applicant and the 2nd Defendant/Respondent in open court.
Though there is no proof of service on the Application dated 28/5/2024 on the 2nd Respondent, Counsel for the 2nd Defendant/Respondent upon a court enquiry, told the court that he has been served with the Application dated 28/5/2024 since 15/04/2024. Presently, there is no motion on record challenging the jurisdiction of the court, as Counsel for the 2nd Respondent is alleging. I will therefore determine the merit of the Application for Summary Judgement on its merit.
In the case of Sanunu vrs. Salifu (2009) SCGLR 586, the court did not mince words when it decided that in an application for Summary Judgement, the Applicant is to ensure that the Defendants or Respondents have all been served with the Writ of Summons and…